State v. Gillespie

Sognier, Chief Judge.

Johnny Mac Gillespie filed a plea in bar based on double jeopardy. The State answered, denying the allegation. The trial court granted the plea, and the State appeals. State v. Stowe, 167 Ga. App. 65, 66 (1) (306 SE2d 663) (1983).

We agree with the State that the trial court erred by granting appellee’s plea in bar. The record reveals that the two indictments in issue in the case sub judice were returned against appellee in September 1991. Both indictments charged him with selling cocaine to an undercover officer, but set forth the separate dates for those sales, March 12…